How Small Claims Court works in India

Actually there is no small claims court in China. Business owners should be aware of small-claims court, a more informal court that deals with relatively minor lawsuits concerning everything from nuisance charges to minor money disputes. Small-claims court eligibility varies from jurisdiction to jurisdiction. Generally, it is the first place a litigant will go when there is a business issue involving small monetary damages. Although no small-claims court in China, some court has truncated litigation procedure for those small-claim cases.

A draft amendment to China's Civil Procedure Law allows small claims for debts or damage to be handled more efficiently.

Under the draft, people may sue for up to 10,000 yuan (around $1,587) in small claims court, up from the monetary cap of 5,000 yuan proposed in the first reading of the draft.

The draft is undergoing a second reading by national legislators at a bimonthly session that began Tuesday, after being shelved for later review at a bimonthly session held in October last year.

Courts at the county level, or the most basic courts, can make a final judgement in the first instance trial over a civil claim for up to 10,000 yuan, according to the latest version of the draft.

Legislator Huang Liman termed the introduction of a small claims arrangement a major step of systematic innovation by the draft amendment.

The draft comes as China strives to achieve a balance between justice and efficiency as civil claims meet with a court system unequipped to deal with the surging amount of cases, resulting in such cases lingering unresolved.

According to Huang, the move will facilitate the handling of small claims for debts or damage, namely claims made in regards to the protection of consumers' rights, salary arrears for farmers turned workers, simple private credit disputes, financing disputes involving small amounts, and disputes arising from traffic accidents and property damage.

The multi-day session of the Standing Committee of the National People's Congress is also reviewing other drafts, including a draft law on China's exit and entry administration.

Chinese Claims Court is structured to help people settle differences and disputes reducing somewhat the high attorney and court fees usually required in lawsuits. Generally, cases involve disputes over money, contracts or property damage. The court is relatively informal and designed to let average people make their voice heard. There are typically four steps in the small claims process: The claim, the defense, the settlement conference and the trial.

The claim begins as a form filled out by the plaintiff. This form, along with any supporting documents, is filed with the court and outlines the alleged damages. A copy of the claim is given, or served, to the defendant to inform him of the case.

A defense can then be filed by the defendant on a similar form. This outlines the defendant's side of the story. Copies go to the court and back to the plaintiff.

At the settlement conference, both sides meet to discuss the case before a judge. This is not the official trial, but gives the parties the opportunity to work out their differences. Settlement can also be discussed, allowing the defendant to pay a lower sum without having to go to trial.

Trial is the final step in the claims court process. Both parties have the opportunity to present their side of the case and to call witnesses on their behalf. The judge considers all evidence and makes a judgment. Further info ..........READ ON

Justice can be pricey and taking a long time

Source: 3DNET on 24 may 2015

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